Case: 13-3124 Document: 10 Page: 1 Filed: 08/20/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
RAKHMATULLA ASATOV,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2013-3124
__________________________
Petition for review of the Merit Systems Protection
Board in No. PH4324130227-I-1.
__________________________
ON MOTION
__________________________
ORDER
The Department of the Army moves without opposition
to reform the caption to name the Merit Systems Protection
Board as respondent.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated as the respondent when the Board's decision con-
cerns the procedure or jurisdiction of the Board. The
employing agency is designated as the respondent when
the Board reaches the merits of the underlying case. Here,
Case: 13-3124 Document: 10 Page: 2 Filed: 08/20/2013
RAKHMATULLA ASATOV V. MSPB 2
the Board dismissed Asatov’s appeal for failure to state a
claim upon which relief can be granted. Thus, the Board is
the proper respondent in this petition for review.
Accordingly,
IT IS ORDERED THAT:
The motion to reform the caption is granted. The re-
vised official caption is reflected above.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
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